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Can you file a law suit due to the motion of relief from stay due to stress?
Wiki User
∙ 16y ago
Wow...really trying to find others At Fault for your actions aren't you? So, you made promises to pay things and didn't. Enough of them that you filed bankruptcy for protection. (Well consider too, the not paying as you agreed, and the filing for bankruptcy is certainly a very stressful thing for those relying on you acting as you promised and to pay). The BK forced these people, by issuing a stay (and taking away their rights to act against you), to not bother you anymore and to accept that they have to put up with whatever hardship your causing them, and the court tells them to. AND your given another chance, to pay at least some of the debt, under new more favocrable to you terms, and you agree and promise to do so. Then you don't abide by that agreement either. So the court agrees to lift that stay and let the people you've now consistantly lied to, cost huge problems and inconvenience to, etc., to go about collecting against you. Oh, they also gave you a chance to say why the stay shouldn't be lifted, but apparently, you didn't bother, or had no good reason to give. More likely they should be able to sue you for all the stress and disrespect you've caused them, breaking agreements to them, the court, society, well everyone and every way...but they really can't...all they can try and do is get what is owed to them...and you promised (many times) to pay. But it's stressful for you that they are following the rules of the court you brought them too? Pathetic.
Wiki User
∙ 16y ago
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How do you file a rebuttal for relief from bankruptcy stay?
You file an objection to the motion for relief.
Can you get automatic stay back after the mortgage company file for motion relief?
We have a lawyer but he has not contact us back. We are behind on the mortgage.
How do you respond to a motion for relief of stay?
It varies. Check your local court rules. The Massachusetts District Bankruptcy Court local rule sets 30 days as the time to reply. Things happen faster after that. If more time is needed, a motion to extend the time to file the reply must be filed and allowed by the court, usually after a hearing.
What is a motion for relief from the automatic stay?
Automatic Stay is the thing that is automatically done when you file bankruptcy. It protects the assets of the bankruptcy estate. It prevents collection attempts. It stops foreclosure / evictions. A motion for relief from automatic stay is filed by a creditor when they want to foreclose, continue foreclosure, eviction, reposession, etc. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
How do you proceed with a liability lawsuit against someone who has filed for bankruptcy to avoid penalties?
You can't, unless the liability is for fraud. You can file a motion for relief from stay, but it will not likely be granted. Unless the court grants you relief from the automatic stay, you cannot proceed. The liability will be discharged.
Is there anything else you need to do if you have a non-paying tenant who has filed chapter 13 and you have filed a small claims case and a motion for relief of stay?
You can't file any legal action against the non-paying tenant until the chapter 13 has been dismissed or the court grants your relief from stay motion. You can also file a motion to have the entire case dismissed if the failure to pay rent is a breach of the chapter 13 plan. If the tenant is still in the property, you will want to file an eviction lawsuit and not a small claims lawsuit.
Which is easier and more prudent for you to file: a relief from stay or an adversary complaint Previous owners of your house commited fraud you can't afford a second lawyer who lives across country?
The question is impossible to answer without more details about what you are trying to accomplish. If you are trying to foreclose, you need to file a motion for relief from stay. If you want object to the discharge of the debt, you need to file an adversary proceeding.
How do you file motion for release stay?
is there a special form to fill out to file motion for release stay? where is the form obtained? what's the cost, are there attorneys that will assist?
Can the creditor continue to collect after a 'Motion For Relief Of Stay' is granted?
Yes.
Do you have to file a motion to automatic stay after discharge?
no, the stay is created when you file BK and ends when the BK is discharged.
How are you notified if a motion to stay has been lifted?
The motion for relief will be granted by default unless you contact the court, obtain a hearing date and file opposition. The court will make a ruling at the hearing the court or opposing counsel will send you a copy of any order lifting the stay is signed by the judge.
How do you stop relief of stay when im behind?
If you can't get it caught up eventually you'll have to go back to your lawyer and he will have to file a written motion to have the plan modified. Your lawyers additional fees for doing this, plus fees of any creditors lawyers who want to be heard on the motion, will be added to your plan. If you just cant pay it eventually the court will allow the mortgage holder relief from stay and they can foreclose.
